Legislator Case Law & Legislation
II Ka 2/20 AI generated

Court dismissed appeal against conviction for fraud, upholding first-instance judgment on facts and sentencing.

Case Number II Ka 2/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for fraud under Article 233 of the Criminal Code. The defendant failed to provide evidence contradicting witness testimony regarding a loan contract, despite claiming unawareness of ongoing enforcement proceedings. The court rejected these claims as unverified and noted that enforcement actions were already underway when the loan was signed, rendering the defendant's assertions of ignorance legally irrelevant.

Legislator headnote

AI generated

Art. 233 § 1a kk; Art. 438 k.p.k.: The court upheld a conviction for fraud where the defendant failed to substantiate claims of ignorance regarding concurrent enforcement proceedings, finding their assertions unverified and legally insufficient to overturn the first-instance judgment.

Keywords

AI generated
fraud conviction criminal appeal evidence burden enforcement proceedings loan contract first instance judgment dismissed appeal

Cited Legislation

AI generated
Art. 233 § 1a kk
Art. 438 k.p.k.
Art. 636 § 1 kpk
Art. 8 of the Act on court fees in criminal proceedings
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text